Martin Kreston v. Metro Ontario Inc., 2013 HRTO 2060

Human Rights Tribunal of Ontario

Between:

Martin Kreston Applicant

-and-

Metro Ontario Inc. Respondent

Decision

Adjudicator: Mary Truemner Date: December 12, 2013 Citation: 2013 HRTO 2060 Indexed as: Kreston v. Metro Ontario Inc.

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on October 12, 2011.

2On February 27, 2012, the Tribunal issued an Interim Decision, 2012 HRTO 408, deferring the Application pending the completion of a grievance process.

3On October 9, 2013, the respondent filed a Request for Order During Proceedings (“RFOP”) to reactivate the Application as it appeared that the grievance proceeding had concluded and had dealt with the allegations of human rights discrimination in the Application before this Tribunal.

4The respondent attached to the RFOP a decision of an arbitrator who wrote, “I conclude this Hearing has appropriately dealt with and constitutes a full and final resolution of any existing, planned or possible complaint or complaints by the Grievor against the parties under the Human Rights Code R.S.O. 1990 c. H.19 as amended (the “Code”), up to the date of this Award.”

5The applicant did not respond to the RFOP, and the Tribunal issued a Case Assessment Direction (“CAD”) on November 20, 2013, directing the applicant to file a response to the RFOP no later than 14 days from the date of the CAD, warning him that if he failed to file written submissions by the required deadline the Tribunal might consider the failure to respond as an abandonment of the Application and dismiss the Application for that reason.

6The applicant has not responded to the CAD and the time for doing so has now passed.

7In the circumstances, the applicant is deemed to have abandoned the Application.

8The Application is dismissed.